BILL ANALYSIS
Appropriations Committee Fiscal Summary
SB 570 (Alarcon)
Hearing Date:5/17/99 Amended:4/27/99
Consultant: Lisa Matocq Policy Vote:Pub Saf 5-0
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BILL SUMMARY: SB 570 (1) creates a new sentence
enhancement for "terrorist threats" committed against
school personnel, as specified, (2) increases misdemeanor
penalties for disrupting school activities, as specified,
and (3) contains legislative intent related to school
personnel report missing children.
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01 2001-02
Fund
Sentence enhancement Unknown increased costs for incarceration
General
in state prison
Misdemeanors Unknown increased, mandated, nonreim Local
bursable costs for county jail
STAFF COMMENTS: This bill may meet the criteria to be
placed on the Suspense File. Under current law, it is a
misdemeanor for any person to disrupt school activities, as
specified. This bill revises and increases the misdemeanor
penalties for two offenses involving disrupting school
activities. Current law also makes it a wobbler,
punishable by up to 1 year in county jail or in state
prison, to commit a terrorist threat. This bill adds a
sentence enhancement of 1, 2 or 3 years in state prison, or
a fine of up to $5,000, or both, if the threat was made
against specified school personnel. It also contains
legislative intent that specified persons, including school
teachers, administrators, aides, playground workers, and
bus drivers, "report missing children to a law enforcement
agency in a timely manner".
There were 513 prison admissions during 1997-98 for
terrorist threats. Some persons may serve additional time
in state prison as a result of the sentence enhancement but
there is no way to know how many, or how many would be
ordered to pay the fine in lieu of imprisonment. For
illustrative purposes, if 10% of prison admissions were
impacted, increased incarceration costs could be $1 million
annually. It would take only 8 inmates serving additional
time to exceed annual incarceration costs of $150,000. In
addition, there are unknown increased mandated,
nonreimbursable costs for the misdemeanor provisions of the
bill.
The provisions of bill related to reporting missing
children are not binding. Therefore, to the extent that
school personnel report missing children they wouldn't
otherwise report, and law enforcement agencies, in turn,
issue missing persons bulletins or investigate cases they
wouldn't otherwise, there are unknown increased,
nonreimbursable costs. However, if SB 6 (Rainey), on this
Committee's Suspense File, is enacted, any increased law
enforcement activities resulting from the intent language
in this bill would become reimbursable as a state-mandated
local program.